Terms of Use

Any person accessing this site agrees to the following:

Before using this website or submitting any materials to the Synthetic Motorsports Inc., ("we," "us," or "Synthetic Motorsports") website, read the following Terms of Use ("Terms of Use") carefully. Your use of the Synthetic Motorsports website constitutes your acceptance of all of these Terms of Use.

Synthetic Motorsports reserves the right, at any time, to modify, alter, or update these Terms of Use at any time without prior notice. Please check this website prior to each use for any changes or updates to these Terms of Use. You agree that each visit you make to this site shall be subject to the then-current Terms of Use.

All website design, text, graphics, interfaces, and the selection and arrangement thereof and other materials and content on the Synthetic Motorsports website are the copyrighted property of Synthetic Motorsports Inc. and its affiliated companies or licensors. "Synthetic Motorsports Inc." and all titles, names and graphics are trademarks of Synthetic Motorsports or its program suppliers.

You may view and download material from this website for personal and/or promotional commercial use if you are a direct or indirect customer of Synthetic Motorsports, its affiliates, agents and related entities and provided you do not remove any trademark, copyright, or other notice contained in such materials. You may not use the website for any purpose that is unlawful or prohibited by these Terms of Use. You may not create scandalous, obscene or immoral works using photographic and artistic images from the website nor distribute or sell the images as another image library or product. You also may not use the images related to identifiable individuals or entities in a manner which suggests their association with or endorsement of any product or service or violates any property, privacy or other rights. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, products, or services obtained from the Synthetic Motorsports website. Any rights not expressly granted herein are reserved.

Those who choose to access this website from any and all locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.

You may not use language or place any images, text, material, or information that is harmful, threatening, abusive, vulgar, discourteous, obscene, pornographic, profane, defamatory, infringing, indecent, harassing, or otherwise criminal in nature. You also may not post or transmit or place any images, text, material, or information that would violate rights of any third party, including property or privacy rights, or which contain a harmful component that could damage, disable, overburden, or impair the website or restrict, inhibit, or otherwise interfere with another party's use and enjoyment of the website or any services provided thereunder, including, but not limited to, uploading files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or program that may interrupt, limit or damage the operation of another's computer or property.

Synthetic Motorsports is not responsible for material submitted to Synthetic Motorsports or posted in chatrooms or on bulletin boards by website users. For any materials submitted by you to the Synthetic Motorsports website, you represent and warrant that you own or otherwise control all of the rights to such materials, that they do not violate these Terms of Use, and that they will not cause injury to any person or entity. You grant Synthetic Motorsports, its affiliates, agents, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all images, text, and materials provided to Synthetic Motorsports, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Synthetic Motorsports to include the images, text, and materials you provide in a searchable format that may be accessed by users of Synthetic Motorsports's website and other websites. You further grant Synthetic Motorsports, its affiliates, agents and related entities permission to use any information, suggestions, ideas, drawings or concepts communicated for any purpose, commercial, public or otherwise. All rights in this paragraph are granted in consideration of use of Synthetic Motorsports's website, and services therein, without the need for additional compensation of any sort to you.

It is your responsibility to adhere to all applicable copyright, trademark, patent, intellectual property, and other laws that may apply to the images, text, and material submitted by you to the Synthetic Motorsports website. Synthetic Motorsports, its affiliates, agents and related entities will not be liable for any disputes regarding ownership of images, text, material, or any other proprietary information. Synthetic Motorsports, its affiliates, agents and related entities disclaim any and all liability and losses arising from, but not limited to: access, delay or interruptions, Internet outages, disruptions caused by acts of God, disruptions caused by mechanical failure, disruption resulting from an interruption of your ISP service or internet connection, disruptions resulting from your personal computer settings, security settings, and email settings, disruptions from viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may interrupt, limit or damage the operation of a website, or disruptions or failures of any kind arising from incompatible technologies.

Synthetic Motorsports reserves the right to review at any time and to delete any submitted images, text, material or information, in whole or in part, that may be deemed inappropriate or appear to be in violation of these Terms of Use. Synthetic Motorsports makes such determinations at its sole discretion.

As a courtesy to you, Synthetic Motorsports's site may offer links to other websites. Some of these sites may be affiliated with Synthetic Motorsports, while others are not. Synthetic Motorsports is not responsible for the contents of any website pages created and maintained by organizations independent of Synthetic Motorsports. Visiting any such third-party website pages is at your own risk. Synthetic Motorsports has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Synthetic Motorsports. No authorization or permission is given for framing or linking to any pages of this site or any of its content, whether in whole or in part.

THE SYNTHETIC MOTORSPORTS WEBSITE AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SYNTHETIC MOTORSPORTS, ITS AFFILIATES, AGENTS AND RELATED ENTITIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES , EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SYNTHETIC MOTORSPORTS, ITS AFFILIATES, AGENTS AND RELATED ENTITIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION PROVIDED ON THE WEBSITE IS ACCURATE OR RELIABLE OR THAT THE WEBSITE WILL BE FREE OF ERRORS.

You agree that Synthetic Motorsports, its affiliates, agents and related entities will not be responsible for unauthorized access to or alteration to your transmissions, data, or submission of materials or for submissions to the website (for example, to Virtual Show and Shine) in your name, whether submitted by you or not.

IN NO EVENT WILL SYNTHETIC MOTORSPORTS, ITS AFFILIATES, AGENTS AND RELATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) THE USE OR PERFORMANCE OF THE SYNTHETIC MOTORSPORTS WEBSITE OR ANY RELATED SERVICES, (B) THE DELAY OR INABILITY TO USE THE SYNTHETIC MOTORSPORTS WEBSITE OR RELATED SERVICES OR TO SUBMIT MATERIALS ON THIS WEBSITE OR (C) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SYNTHETIC MOTORSPORTS WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF THE SYNTHETIC MOTORSPORTS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

You agree to indemnify, defend and hold harmless Synthetic Motorsports, its affiliates, agents and related entities harmless against any and all liabilities, losses, damages, claims, debts, investigations, fines, penalties, costs, expenses and settlements (including attorneys' fees and costs of litigation, settlement, judgment, interest and penalties) arising out of or related to any claim that resulting from any violation of these Terms of Use, or any activity relating to use of the Synthetic Motorsports website, any materials you submit, or violations of any rights of another by you.

This agreement is effective until terminated by either party. You may terminate this agreement at any time by discontinuing your use of the Synthetic Motorsports website and destroying all materials obtained from it. See Synthetic Motorsports's Privacy Policy for disclosures relating to the collection and use of your information.

You must be at least 18 years of age to submit images, text, or materials to Synthetic Motorsports (for example, on Virtual Show and Shine). Violation of these Terms of Use may result in termination of services and removal of any material submitted by you, without notification, and the possibility of civil/criminal damages as applicable by law.

Use of Synthetic Motorsports's website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. You hereby agree that any cause of action that you may have with respect to Synthetic Motorsports, its affiliates, agents and related entities or the Synthetic Motorsports website must be filed in the United States District Court for the Western District of Kentucky or the Kentucky state court located in Bowling Green, Kentucky within one year of the time in which the events giving rise to the claim began, or you agree to waive such claim. You hereby consent to such venue and to the jurisdiction of such courts and to extraterritorial service of process. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to the terms contained herein. This shall be the entire agreement, superseding all prior agreements between you and Synthetic Motorsports, its affiliates, agents and related entities regarding Synthetic Motorsports's website. The failure of Synthetic Motorsports, its affiliates, agents and related entities to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance, resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.